Hybrid offence
Encyclopedia : H : HY : HYB : Hybrid offence
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| Criminal law in English law |
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| Part of the common law series |
| Classes of crimes |
| Summary · Indictable |
| Hybrid offence · Regulatory offences |
| Lesser included offence |
| Elements of crimes |
| Actus reus · Causation (law)>Causation |
| Mens rea · Intention (criminal)>Intention (general) |
| Intention in English law · Recklessness (criminal)>Recklessness |
| Criminal negligence · Corporate liability |
| Vicarious liability · Strict liability |
| Omission · Concurrence |
| Ignorantia juris non excusat |
| Inchoate offences |
| Incitement · Conspiracy (crime)>Conspiracy |
| Accessory · Attempt |
| Common purpose |
| Defences |
| Consent · Diminished responsibility |
| Duress |
| M'Naghten Rules · Necessity in English law>Necessity |
| Provocation |
| Self-defence |
| Crimes against the person |
| Common assault · Battery (crime)>Battery |
| Actual bodily harm · Grievous bodily harm |
| Offences Against The Person Act 1861 |
| Murder · Manslaughter |
| Corporate manslaughter · Harassment |
| Public order and crimes against property |
| Criminal Damage Act 1971 |
| Malicious Damage Act 1861 |
| Public nuisance |
| Crimes of dishonesty |
| Theft Act 1968 · Theft · Dishonesty |
| Robbery · Burglary · TWOC |
| Deception · Deception offences |
| Blackmail · Handling |
| Theft Act 1978 · Forgery |
| Computer crime |
| Sexual crimes |
| Rape · Kidnapping |
| Crimes against justice |
| Bribery · Perjury |
| Obstruction of justice |
| See also Criminal Procedure |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Wills and trusts · Evidence |
| Portals: · |
English law
In English law a hybrid offence is called an either-way offence and can be heard at either the Magistrates' Court or Crown Court. The decision as to which court will hear the case is determined at the Mode of Trial hearing.
Firstly, the magistrates decide if the case is suitable to be heard in the Magistrates' Court. If they decide that the case is either too serious or too complex, they can send the case to the Crown Court without further reference in which case the defendant has no say in the matter. If, on the other hand, the magistrates decide that the case can be heard by them in the lower court then the defendant is asked for his or her consent to do so. The defendant can then either consent to be tried by the magistrates or elect that the case is referred to the Crown Court.
If the defendant elects to be tried at the Magistrates' Court and is found guilty, he or she may still be sent to the Crown Court for sentencing if the magistrates think that the sentence required is more severe than that which they are allowed to give.
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